Ord. 509-412 02-28-00 Failed FAILED 2~28~00
ORDINANCE NO, 509-412
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATION BEING TRACT 1A-3, OUT OF A 40 ACRE TRACT OF
LAND, KNOWN AS THE SOUTHWEST % OF THE NORTHWEST % OF
SECTION 17, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 902) (8001 FITE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE
REQUEST OF EARL M. ONITSUKA, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Earl M. Onitsuka, Owner, filed on January 13, 2000, an application for
amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban
Development Ordinance of the City, for approval of a change in the land use as provided for
in said Section 28, said property being legally described in the original applications for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit 'W'; and
WHEREAS, on the 22nd of February, 2000, a Joint Public Hearing was held before the
Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice
being given by publication in the official newspaper of the City, the affidavit of publication
being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and
n .otice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509;
and
WHEREAS, on the 22"d day of February, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Earl M. Onitsuka, Owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classification of Suburban Development District (SD) to Commercial District (C); and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on February 28, 2000, and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case of the
application of Earl M. Onitsuka, Owner, presented which, in the judgment of the City Council,
would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARl_AND, TEXAS:
I.
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Suburban Development District (SD) to is hereby
for all purposes changed and reclassified as Commercial District (C); such property being
more particularly described as:
Tract 1A-3, out of a 40 acre tract of land, known as the Southwest % of the Northwest
¼ of Section 17, H.T. & B.R.R. Co. Survey, A-242, Brazoria County, Texas (8001 Fite
Road)
II.
The City Council of the City of Pearland finds and determines that the recitations in
the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The City
Council further finds and determines that there has been compliance with the mandates of
law in the posting and presentation of this matter to the Planning and Zoning Commission
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the amendment
adopted herein promotes the health, safety, and general welfare of the public and is a proper
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
V.
All rights and remedies which have accrued in the favor of the City under this Ordinance
and its amendments thereto shall be and are preserved for the benefit of the City.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance
No. 509, and consistent with the approval herein granted for the reclassification of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-412
PASSED, APPROVED, and ADOPTED on First Reading this __ day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of ,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
Lot: Block: [ Subdivision:
Metes & Bounds Description: (unplatted property only; attach survey)
Tax I.D. number:
SUBMITTAL INFORMATION: Attach a plot plan or survey showing the location, size, relationship ~f all
existing structures to boundary liras.
Explain why proposed needed: ~ ,~O~z ~r~ ~.~ o~/~
Record owner's name:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland.
Fees paid: $ ,
Received by: ~ ~A ! ....... ,'~
2.5 ACRES
zo~ so 5001 RTE
R- 1 ROAD
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
/ issues, as follows:
circulation in Brazoria and Harris Counties, for _
Date ~'c~w_ ~_ 'S' -¢- A_ 20 z~ c~
No._ -
20 -
Date
No.
20 -
NO. Date
20.
No. Date
20 -
No. Date
16.r.~sident
Subscribe and sworn to before me thls-~~ +A. day of ~' ~"~'
20. c~o
~'~." ~ ~-~7~.- -.~-'w'SfC ublisher
05/01/2000 22:07 2814856397 F~.~'U~I~-v. H~.w5
rrlL AV'l-r OF PUBLICATION
'.,,"~"The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
~te of Texas
~zoria and Harris Counties
:andy Emmons, hereby certify that the notice hereby appended was published
lrazoria and Hards Count!es in THE REPORTER NEWS, a newspaper Of general
ulation in Brazoda'and Hards Counties, for ~/issues, as
No. Date . 20
No., Date 20__
No, Date ' ..' 20 .
No, Date .... · '20 -
President ,
;ribe and swnrn to before me this ~2 ~ '
"~ her
Notary Public, State o¢ Te~ cas
February 22, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 902
Request of Earl M. Onitsuka, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
Tract lA-3, out of a 40 acre tract of land, known as the Southwest 1/4 of the Northwest 1/4 of
Section 17, H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (8001 Fite Road)
Honorable Mayor and Counc'fl Members:
At a regular meefmg held on February 21, 2000 at, er a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 902.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
~Q~g~Sincerely' ~
Mary Starr, Chairman
Planning & Zoning Commission
1~4 of Section 17,
E
Commercial District (C) On
~be following deecribed prop-
e~ty, to wit:
Tract 1A-3, out of a 40 acre
tract of land, known as the
Southwest 1/4 of the
Nodhwest
1/4 of Section 17, H. T. &.B.
R.R. Co. survey, A-242,
Brazoria Co., TX (8001 Fite
Road)
At said hearing ali interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lodl~g .